LOS ANGELES (CBS) — A federal appeals court announced Tuesday that it will not grant an appeal hearing to supporters of Proposition 8.

Three judges ruled 2-1 in February that voter-approved ban on gay marriage is unconstitutional.

The 9th U.S. Circuit Court of Appeals says it will not reconsider the ruling made earlier this year.

Proposition 8 supporters will now ask the U.S. Supreme Court to weigh in on the matter.

“The proponents of Proposition 8 who have lost now at the trial court and Ninth Circuit levels now have a right to go up to the U.S. Supreme Court, so it’s their move in this chess game,” said KNX 1070 legal analyst Royal Oakes.

Roughly 52 percent of California voters approved Proposition 8 in 2008.